The principle and appearance conflict in family law

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Abdar Esfahani Mahdi; ALIAKBARI BABOOKANI EHSAN; Heidari MohamadAli

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Journal Paper

Paper Information

Journal: Family Law and Jurisprudence Journal Year:2020 | Volume:24 | Issue:72 Page(s): 187-213

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Information Journal Paper

Title

The principle and appearance conflict in family law

Author(s)

Abdar Esfahani Mahdi | ALIAKBARI BABOOKANI EHSAN | Heidari MohamadAli | Issue Writer Certificate

Keywords

((principle))

appearance

conflict

Obstruction

Amareh

Absolute Suspicion

Abstract

Some jurists believe that in the conflict between (principle) and appearance, appearance takes precedence over (principle). Given that the courts do not currently have a single procedure, some judges jointly prefer appearance over (principle) and others prefer (principle) over appearance. In the present article, which will be descriptive, the authors try to express a superior theory in the conflict between (principle) and appearance, according to the (principle)s of different theories of jurists in terms of the preference of each (principle) and appearance over each other. The main purpose of this study is to examine the meanings of the (principle) and appearance as well as the views of jurists in this field and to examine the practical cases of this issue during the trial on family issues to determine which judge prefers in dealing with such cases during the trial. Give. In this article, according to the uses of jurists and fundamentalists, the method of using these (principle)s and their conditions in jurisprudential inferences has been obtained, and through this, a somewhat comprehensive analysis and a barrier to it has been presented.

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APA: Copy

Abdar Esfahani, Mahdi, ALIAKBARI BABOOKANI, EHSAN, & Heidari, MohamadAli. (2020). The principle and appearance conflict in family law. FAMILY LAW AND JURISPRUDENCE (NEDAYE SADIQ), 24(72 ), 187-213. SID. https://sid.ir/paper/761103/en

Vancouver: Copy

Abdar Esfahani Mahdi, ALIAKBARI BABOOKANI EHSAN, Heidari MohamadAli. The principle and appearance conflict in family law. FAMILY LAW AND JURISPRUDENCE (NEDAYE SADIQ)[Internet]. 2020;24(72 ):187-213. Available from: https://sid.ir/paper/761103/en

IEEE: Copy

Mahdi Abdar Esfahani, EHSAN ALIAKBARI BABOOKANI, and MohamadAli Heidari, “The principle and appearance conflict in family law,” FAMILY LAW AND JURISPRUDENCE (NEDAYE SADIQ), vol. 24, no. 72 , pp. 187–213, 2020, [Online]. Available: https://sid.ir/paper/761103/en

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